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SB 5340

Momentum Bucket Early Stage
Legal Title AN ACT Relating to permanently exempting from sales and use tax bottled water, prepared food, and clothing;
Bill Description Exempting permanently from sales and use tax bottled water, prepared food, and clothing.
What this bill does
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This bill creates a new sales tax exemption for clothing and footwear for human use by adding a new section to chapter 82.08 RCW and amending RCW 82.08.0293. It also adds a new section to chapter 82.12 RCW providing that the provisions of that chapter do not apply with respect to the use of clothing and footwear for human use, and it states that RCW 82.32.805 and RCW 82.32.808 do not apply to the act. The bill revises and continues detailed statutory definitions and exemptions for "food and food ingredients," "bottled water," "dietary supplements," "prepared food," and "soft drinks," and it specifies tax treatment for sales made through vending machines (generally using a taxable selling price equal to 57% of gross receipts, with a different gross‑receipts/(1 + sales tax rate) method for soft drinks, bottled water, and certain hot prepared food). It creates a procedural requirement that sellers determine a single annual "prepared food sales percentage" for all Washington establishments using prior year sales (calendar or fiscal), sets timing and election rules for that calculation, allows a one‑time good‑faith estimate if prior records are inadequate, and prohibits changing the elected method without written consent of the department (the statute references "the department" but does not identify which agency). The changes are a mix of new law (new sections in chapters 82.08 and 82.12), amendments to existing law (RCW 82.08.0293), definitional revisions, and procedural/administrative rules for sellers and vending machine tax calculations. Affected parties expressly include sellers and retailers of food, beverages, dietary supplements, clothing and footwear; certain nonprofit meal providers; the state nutrition program for the aged; lessors/operators of qualified low‑income senior housing; and entities identified by NAICS sector 311. Important context is missing from the provided text: the identity of the referenced "department," the remainder of the definition of "sport or recreational equipment," full text of section 2 as referenced, and any effective date, fiscal impact, or additional provisions that may appear elsewhere in the bill.
Why it matters
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If enacted, the bill would make clothing and footwear for human use exempt from Washington sales tax, likely lowering the price shoppers pay for those items and reducing the sales tax retailers must collect on them. At the same time it tightens and clarifies what counts as food, bottled water, soft drinks, dietary supplements, and prepared food, and changes how vending machine sales are taxed (a standard 57%-of-gross-receipts rule in many cases, but a different gross-receipts-based calculation for soft drinks, bottled water, and hot prepared foods). Retailers, vending-machine operators, and food sellers will need to apply the new definitions, calculate a single annual “prepared food sales percentage” for all Washington locations, and may face extra recordkeeping and timing requirements; they cannot switch their chosen accounting method for that percentage without written consent from the unspecified “department.” Those most affected are clothing and footwear retailers (who will stop collecting tax on qualifying items) and food sellers and vending operators (who must change how they classify sales and calculate tax), plus nonprofits and programs that provide meals to seniors or low-income residents and certain low-income senior housing operators who are specifically referenced. The changes will likely lower consumer costs for clothing and shift some administrative burden onto sellers; the exact fiscal impact, which department must approve accounting changes, and several definitional details (including the full definition of sport or recreational equipment and any other new sections or effective dates) are not included in the provided text and remain unclear.
Official Documents View Full Bill Text
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SB 5340 Details and Bill Topics

Details

Date Introduced 01/17/2025
Originating Chamber Senate
Biennium 2025-26
Total Campaign Dollars Backing Bill $371,010.53

Bill Topics

FOOD AND FOOD PRODUCTS
TAX PREFERENCES - EXEMPTIONS, CREDITS, DEDUCTIONS, DEFERRALS, ETC.

SB 5340 Sponsors and Committee Hearings

Sponsors

Senator Fortunato (Primary)

Committee Hearings

Go to SB 5340 at leg.wa.gov

SB 5340 Bill Timeline

Early Stage
1/11/2026
SWays & Means
By resolution, reintroduced and retained in present status.
1/16/2025
SWays & Means
First reading, referred to Ways & Means.

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